State v. Ieremia
In State v. Ieremia, 78 Wn. App. 746, 899 P.2d 16 (1995), the court considered whether the defendant was entitled to a third degree rape instruction as an inferior degree crime of second degree rape.
In rejecting the inferior degree, the court stated:
"It is not sufficient that the jury might simply disbelieve the State's evidence supporting the charged crime. Rather, the evidence must support an inference that the defendant committed the lesser offense instead of the greater one." 78 Wn. App. at 755.